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The Public Health Act, 1886

contract

17. No member, officer, inspector, or servant of the Central Board, No officers to be or of any local board, shall be concerned or interested directly or in- concerned in directly in any bargain or contract entered into by such central or local board respectively; and if any such member, officer, inspector, or servant is so concerned or interested, or if any such member, officer, inspector, or servant, under colour of his office or employment, exact, take, or accept any fee or reward whatsoever, other than his proper salary, wages, remuneration, and allowances, he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall for each such offence incur a penalty not exceeding Fifty pounds.

Financial

make and levy Public Health,

Municipalities to

Rate

18. The Councils of the Municipalities of Perth and Fremantle Councils of respectively, and the Council of any Municipality to which the provisions of this Act or any portions thereof may hereafter be extended, shall and are hereby respectively required at the time of making and levying the General Rate under the provisions of The Municipal Institutions Act, 1876,' also to make and levy such Special Rate not exceeding Three-pence in the pound upon the annual rateable value of every house, store, shop, mill, tenement, or other building, piece of land, allotment, garden, or other premises within the limits of the Municipality, and liable to be rated, as the local board may deem necessary and require in writing such Council to make and levy for the purposes of this Act.

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19. All the provisions of The Municipal Institutions Act, 1876,' and of any Act or Acts amending the same, with reference to the making, levying, liability for, payment of, and appeal against a rate or any arrears of the same shall be applicable to the said Special or Public Health Rate,' to be made under the authority of this Act. And all the provisions of the said Acts or any of them relating to the enforcement and recovery by the Council of a rate made under 'The Municipal Institutions Act, 1876,' shall apply to the said Special or 'Public Health Rate.' Provided, however, that all powers, acts, and things whatsoever required or authorised by any of such last-mentioned provisions to be exercised or done by the Council or by the chairman shall or may be exercised or done by the local board or the chairman of a local board respectively (as the case may be) in respect of the said Special or Public Health Rate.'

Certain provisions of the tutions Acts to Health Rate"

Municipal Insti

apply to Public

Boards.

20. All expenses incurred by the Central Board shall be defrayed Expenses of out of the moncys that may from time to time be appropriated by the Central and Local Legislative Council for the purposes of such Board, and all expenses incurred by any local board shall be defrayed out of the 'Public Health Rate' and such moneys (if any) as may from time to time be appropriated by the Legislative Council in aid of any such local board."

21. The Central Board of Health shall cause accounts to be kept of all moneys received by such Board, and of the expenditure thereof for the purposes of this Act, and shall submit such accounts at least once a year to the examination of the Auditor General.

all

22. Every local board of health shall cause accounts to be kept of
moneys received by such board, and of the expenditure thereof for

Accounts to be kept by Central mitted for audit

Board, and sub

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Form of account

Local board may

by-laws

The Public Health Act, 1886

the purposes of this Act, and such accounts shall be audited and examined by the auditors of the municipality at least once a year, and the auditors shall proceed in the audit in the same manner, shall have the like powers and authorities, and perform the like duties as in the case of auditing the municipal accounts. Each of such auditors shall in respect of such audit be paid by the local board a fee of two guineas. Within seven days after the completion of every such audit, the auditors shall report on the accounts audited and examined, and shall deliver such report to the clerk or secretary of the local board, who shall cause the same to be deposited in the office of such board, and shall publish an abstract of such accounts in the Government Gazette' and in some newspaper circulating in the district of the local board.

23. The accounts of the receipts and expenditure under this Act of a local board shall be made up in such form and to such day in every year as the Central Board of Health may appoint.

By-Laws and Orders

24. The local board of health may from time to time make such make orders and orders for efficiently enforcing this Act within their jurisdiction as they think fit; and may, and if required by the Central Board shall, from time to time, subject to the provisions herein contained, make by-laws, as hereinafter provided, for the purpose of carrying this Act into execution within their jurisdiction; and may from time to time repeal, alter, or amend any such orders or by-laws; Provided that such orders and by-laws are not repugnant to any law in force in Western Australia or to the provisions of this Act, and that such by-laws shall be confirmed and published in manner hereinafter mentioned. Provided also, that such by-laws may be made to apply to and to have operation in the whole or any part of the place or places, and that such orders may be addressed to one or more of the owners or occupiers, within the jurisdiction of the local board.

Penalties for breaches of bylaws

Confirmation of by-laws

By-laws
Amended by

59 Vic., No. 35

25. The local board by any by-laws so to be made by them may impose such reasonable penalties as they think fit, not exceeding Ten pounds for every breach of any such by-law, or a penalty not exceeding Five pounds for each day during which such breach shall be committed or continued; but such by-laws shall be so framed as to allow the justices before whom any penalty imposed thereby is sought to be recovered, to order the whole or part only (not being less than Five shillings) of such penalty to be paid.

26. No by-law made by the local board under the authority of this Act shall be of any force until it shall have been confirmed by the Central Board of Health, who are hereby empowered to allow or disallow the same as they think fit; and every by-law, when confirmed, shall before coming into operation be published once in the 'Government Gazette.'

27. Every local board of health may, in the by-laws to be so made, provide for the removal by the occupier, or in case of his default by the local board, of dust, mud, ashes, rubbish, filth, blood, offal, manure, dung, or soil collected, placed, or found in or about any house, stable,

The Public Health Act, 1886

cow-house, pig-sty, lane, yard, street, or place whatsoever, and preventing the placing or depositing thereof in any place so as to be a nuisance to any person, and for requiring the occupiers of houses or premises to provide boxes or other specified receptacles for the temporary deposit of house refuse, and for authorising and directing the placing of such boxes or other receptacles at or between certain specified hours in places at or contiguous to such houses or premises convenient for the discharge and removal of the contents of such boxes or receptacles, and for regulating the times and manner of cleansing, emptying, and managing of earth closets, privies, cesspools, and places for the deposit of night-soil, offal, blood, or other refuse matter, and for regulating the disinfecting or the deodorising of the night-soil, offal, blood, or other refuse matter contained therein or removed therefrom, and for the prevention of nuisance or injury to health from the transport, deposit, or use as manure of night-soil, offal, blood, or other offensive matter, and for the following and any other matters or things specially mentioned in this Act as matters in regard to which by-laws may be made by a local board of health (that is to say):

The inspection of cattle in dairies, and the prescribing and regulating of the lighting, ventilation, cleansing, drainage, and water supply of houses, dairies, and cow-sheds in the occupation of persons following the trade of cowkeepers or dairymen:

The securing of the cleanliness of bakeries, milk stores, milk shops, and of milk vessels used for containing milk for sale by such persons:

The prescribing of precautions to be taken for protecting milk against infection or contamination:

The prevention of the storage or keeping of bone-dust, or artificial or other manure, so as to be a nuisance or injurious to health:

The prevention of the keeping of animals of any kind so as to be a nuisance or injurious to health:

The prevention of danger to the public from manufactories or places for the storage, keeping, or sale of inflammable materials:

The disinfection of, and the prevention of nuisance or injury to health from rags or other materials used or stored in marine stores, flock, or bedding, or furniture manufactories:

The regulation of noxious or offensive trades, businesses, or manufactories, whether established before or after the passing of this Act, in order to prevent or diminish the noxious or offensive effects thereof, and to prevent nuisance or injury to health arising therefrom; the position and manner of construction of privies, earthclosets, and cesspools or urinals:

The prevention of the use of steam whistles at factories or other establishments so as to be a nuisance to any per

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VOL. II.

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Inspector to

prosecute for

The Public Health Act, 1886

And generally for the abatement and prevention of nuisances not hereinbefore specified, and for securing the healthfulness of the district and of its inhabitants.

28. Every inspector of any local board shall and is hereby embreach of by-laws powered, without any express order or direction of such local board, to take proceedings against any person offending against any by-law made by such local board.

Evidence of by

29. A copy of any order, authority, consent, or notice made or given laws, notices, &c. by a local board of health, and signed and certified by the secretary to such board to be a true copy, and to have been duly made, confirmed, or given, and a copy of any notice given by or under the authority of this Act, and signed and certified by an inspector of the local board, shall, unless the contrary is shown, be evidence in all legal proceedings of the due making, existence, confirmation, or giving of such order, authority, consent, or notice, without further or other proof.

Appeal from by. laws of local

Board

30. If any person think himself aggrieved by any by-law of any board to Central local board of health, such person may address a memorial thereon to the local board, stating the grounds of his complaint and the manner in which he may be prejudiced by such by-law, and failing to induce such local board to alter or amend such by-law wherein prejudicial to him, he may by like memorial address the Central Board; and the said Central Board may hear and decide between such local board and such person, and if satisfied of the justice of such person's complaint may (notwithstanding any previous confirmation or allowance thereof) rescind or annul such by-law or such part thereof as to them seems fit.

Diseased animals or unwholesome food may be seized

PART II.-UNWHOLESOME FOOD

31. Any officer of the Central Board or of any local board or any member of the police force may at all reasonable times in the daytime, and with respect to those shops, places, or premises where articles of food are usually manufactured, prepared, or sold during the night, at any hour of the day or night enter into and inspect any abattoir or slaughter-house, or any butcher's, poulterer's, or fishmonger's shop, or any shop, store, bakery, dairies, warehouse, bonded or free store, auction room, custom house, shed, or any place or premises, or any part thereof, which he may have reasonable ground for believing is kept or used for the slaughter or for the sale or storage or preparation for sale of any animals or carcasses of animals or any meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, tea, sugar, or milk, or any articles used or which he may have reasonable ground for believing are intended to be used as food for human consumption, and may inspect any such animals, carcasses, or articles, and may inspect any articles of food which are being conveyed through the public streets or roads by any butcher, baker, milkman, grocer, dealer, hawker, or other person, and may examine and cut open any articles or packets or cases of articles contained therein or conveyed thereby and may remove portions of such articles for examination, and may seize any of such animals, carcasses, or articles which are or appear to him to be diseased or deleterious to health or unwholesome or any meat which has been blown, spouted, greased, stuffed, or

The Public Health Act, 1886

pricked, and may destroy such articles or portions thereof as are or as before they are claimed become decayed or putrefied; and any person claiming any animals, carcasses, or articles so seized may within forty-eight hours after such seizure complain thereof to any justice, and such complaint may be heard and determined before any two justices, who may either confirm or disallow such seizure wholly or in part and may order the animals, carcasses, or articles so seized or some or portion of them to be restored; and in the event of no such complaint being made within forty-eight hours after such seizure or of such seizure being confirmed, the animals, carcasses, or articles as to the seizure of which no complaint has been made or the seizure of which has been confirmed shall thereupon become the property of the local board of health, and shall be destroyed or otherwise disposed of so as to prevent their being used for human consumption.

32. If any person knowingly sells or imports, or has in his possession or under his control for the purpose of sale or storage or preparation for sale for human consumption, any meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, tea, sugar, milk, or any articles of food of a nature deleterious to health or unwholesome, or any meat which has been blown, spouted, greased, stuffed, or pricked, such person shall be guilty of an offence against this Act, and shall be liable on conviction thereof to pay any expenses incurred in the inspection, seizure, and disposition of such articles as herein before provided, and shall also be liable to a penalty not exceeding Twenty pounds for every such offence, and for any second or any subsequent offence to a penalty not exceeding Fifty pounds; and if any person knowingly sells or imports or has in his possession or under his control for the purpose of sale or storage or preparation for sale for human consumption any diseased animals or carcasses of animals he shall be guilty of an offence against this Act, and shall be liable on conviction thereof to pay any expenses incurred in the inspection, seizure, and disposition of such animals or carcasses, and to a penalty for any such offence not exceeding One hundred pounds, or to imprisonment not exceeding two years.

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33. If in any case under this Part of this Act it appears that the Onus of proof animals, carcasses, or articles as aforesaid are of a kind usually used as food for human consumption, the proof that such animals, carcasses, or articles were not intended for human consumption or for sale for human consumption shall be on the party contending that they were not so intended.

PART III.-INFECTIOUS DISEASES AND HOSPITALS

Provisions against Infection

report to Centra

34. Every local board shall make a report to the Central Board, in Local board to such form and at such times as the Central Board from time to time directs, in regard to the health, cleanliness, and general sanitary state of the Municipality for which such local board is established; and such report shall contain a statement of all works executed and

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